Telangana High Court
WP/28931/2008 of Thati Janardhan Rao Vs The Kakatiya Urban Development Authority, Warangal, on 30 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28931 of 2008 Between: Thati Janardhan Rao S/o.late Venkanna R/o. 19-11-227,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.28931 of 2008
Between:
Thati Janardhan Rao S/o.late Venkanna
R/o. 19-11-227, Shambhunipet, Warangal.
AND
..... PETITIONER
1 The Kakatiya Urban Development Authority, Warangal, rep. by itsVice Chairman.2 The Warangal Municipal Corporation, Warangal, rep. by itsCommissioner.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ, order or direction more particularly one inthe nature of Writ of Mandamus declaring the arbitrary action of therespondent authorities in trying to demolish and dispossess thepetitioner herein from the house property bearing No. 19-11-227,Shambhunipet, Warangal, without giving any notice or proceedings isillegal, void and opposed to Articles 14, 19 21 and 300-A of Constitutionof India and consequently to direct the respondents not to demolish thepetitioner's house property without due process of law and pass suchother order or orders.
Counsel for the Petitioner:MR.NAGESH BHEEMAPAKA
Counsel for the Respondents: MR.G.VISHWESHWAR REDDY
The Court made the following Order:
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION No.28931 of 2008
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ORDER:
The petitioner approached this Court with the following prayer:“to issue a writ, order or direction more particularly one in thenature of Writ of Mandamus declaring the arbitrary action of therespondent authorities in trying to demolish and dispossess thepetitioner herein from the house property bearing No. 19-11-227, Shambhunipet, Warangal, without giving any notice orproceedings is illegal, void and opposed to Articles 14, 19, 21and 300-A of Constitution of India and consequently to direct therespondents not to demolish the petitioner's house propertywithout due process of law and pass such other order ororders.”
When the matter is taken up for hearing, learned standing counselfor Warrangal Municipality submitted that they are not trying to evict thepetitioner and if at all his eviction is required they will follow due processunder law.
In the light of the said submission the writ petition is disposed ofwith a direction to the respondents not to evict the petitioner withoutfollowing due process of law. No costs.
____________________________
(GOPALA KRISHNA TAMADA, J)
30[th] December, 2008Note: Issue wire at party’s costs.(B/o) GHN
To
1 The Kakatiya Urban Development Authority, Warangal, rep. by itsVice Chairman.
2 The Warangal Municipal Corporation, Warangal, rep. by itsCommissioner.
3 2CD copies
Form-NIC-OGS/WP{KURR}